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                           Before the 
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
                                )       File No. EB-01-OR-254
New World Broadcasting Company, Inc. )  
Licensee, Station KCLF(AM)      )       NAL/Acct.             No. 

200232620003
New Roads, Louisiana  70760    )     
                                )       FRN 006-3876-25
                               ) 

                        FORFEITURE ORDER

     Adopted:       April 18, 2002      Released:           April 
22, 2002

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary  forfeiture  in  the  amount  of  two  thousand  dollars 
($2,000), to New World Broadcasting Company, Inc. ("New  World"), 
licensee of Station KCLF(AM),  for willful violation of  Sections 
11.35(a) and 73.1400 of  the Commission's Rules ("Rules").1   The 
noted  violations  involve   New  World's   failure  to   install 
operational Emergency Alert System ("EAS") equipment at  KCLF(AM) 
and its failure to monitor and control the station's transmission 
system.

     2.   On November  27, 2001,  the  District Director  of  the 
Commission's New Orleans,  Louisiana Field  Office ("New  Orleans 
Office") issued  a Notice  of Apparent  Liability for  Forfeiture 
("NAL")2 in the amount of eleven thousand dollars ($11,000).  New 
World filed a response on January 10, 2002.

                         II.  BACKGROUND

     3.   On September 20, 2001, a Commission agent from the  New 
          Orleans  Office  conducted  an  inspection  of  Station 
          KCLF(AM)  in   New   Roads,  Louisiana.    During   the 
          inspection, the agent found that  KCLF(AM) did not have 
          operational EAS  equipment installed  and that  station 
          personnel  were  not  monitoring  and  controlling  the 
          transmission system.  Further, the station  transmitter 
          was being  left  on 24  hours  a day  in  violation  of 
          KCLF(AM)'s authorization.  On  September 27, 2001,  the 
          New Orleans Office issued a Notice of Violation ("NOV") 
          to New  World for  the aforementioned  violations.   On 
          October 15, 2001, New World submitted a response to the 
          NOV.  In its  response, New World  did not dispute  the 
          violations.   Rather,  New  World  explained  that  the 
          defective EAS equipment would be repaired or  replaced, 
          and that a  remote control unit  would be installed  to 
          monitor  and  control  the  transmission  system.    On 
          November 27,  2001, the  District Director  of the  New 
          Orleans Office  issued a  NAL for  the violations.   On 
          January 10, 2002, New World submitted a response to the 
          NAL.  In its response, New World acknowledges that,  at 
          the time  of  the inspection,  the  EAS system  at  the 
          station was not  functioning and  that the  transmitter 
          was unattended and operating  without a remote  control 
          or monitoring system.  Nevertheless, New World requests 
          cancellation or rescission of the forfeiture for  other 
          reasons.   New  World  asserts  that  payment  of   the 
          proposed  forfeiture  would  pose  a  severe  financial 
          hardship.  Further, New World submits that because  the 
          language of Section 73.1400(b) provides for  unattended 
          operation of  transmitters, it  is not  clear that  any 
          remote control equipment is required or that New  World 
          violated the rule.  New World does not dispute the  EAS 
          violation.  Therefore,  New  World  contends  that  the 
          forfeiture amount attributable  to the Section  73.1400 
          violation should be rescinded. 

                           III. DISCUSSION
 
          4.   The forfeiture amount in this case was assessed in 
accordance with Section 503(b) of the Communications Act of 1934, 
as amended  (``Act''),3  Section  1.80 of  the  Rules,4  and  The 
Commission's Forfeiture Policy Statement and Amendment of Section 
1.80 of the  Rules to Incorporate  the Forfeiture Guidelines,  12 
FCC Rcd 17087 (1997), recon. denied,  15 FCC Rcd 303 (1999).   In 
examining  New  World's  response,  Section  503(b)  of  the  Act 
requires that  the  Commission  take  into  account  the  nature, 
circumstances, extent  and gravity  of  the violation  and,  with 
respect to the violator, the  degree of culpability, any  history 
of prior  offenses, ability  to pay,  and other  such matters  as 
justice may require.5

     5.   Section 73.1400 of the Rules provides that licensees of 
AM, FM, and TV stations are responsible for assuring that at  all 
times  the  station  operates  within  tolerances  specified   by 
applicable technical rules contained in Part 73 of the rules  and 
in accordance  with  the  terms  of  the  station  authorization.  
Section 73.1400  further provides  that any  method of  complying 
with the  applicable tolerances  is  permissible and  lists  some 
typical  methods  of  transmission  system  operation.   The  New 
Orleans Office  proposed  a  forfeiture  against  New  World  for 
violation of Section 73.1400 of  the Rules because New World  had 
not employed  any  method  of transmission  system  operation  to 
assure that it complied with  the time of operation specified  in 
the station authorization.  In its response to the NAL, New World 
cites to  Section 73.1400(b)  of the  Rules, which  provides  for 
unattended operation of transmitters,  and questions whether  any 
remote control  equipment  is  required.  Whether  New  World  is 
required to have remote control equipment is irrelevant.  On  the 
day of the inspection, no  method was being employed to  maintain 
control over the  transmitter at the  operating position and  the 
transmitter was operating 24 hours  per day, in violation of  the 
terms of the station  license.  This was  clearly a violation  of 
Section 73.1400  of  the Rules;  one  which is  not  affected  by 
Section 73.1400(b).  Further, New World completely overlooks  the 
language in  Section 73.1400  which  requires radio  stations  to 
operate  in   accordance   with   the  terms   of   the   station 
authorization.6  We  affirm the  issuance of  the forfeiture  for 
violation of Section 73.1400 of  the Rules.  As noted above,  New 
World does not challenge the EAS violation.

     6.   New World  also claims  that  payment of  the  proposed 
forfeiture amount  of  $11,000  would  pose  a  severe  financial 
hardship.  In  support of  this contention,  New World  submitted 
copies of its 1998,  1999, and 2000  federal income tax  returns.  
Upon review of the financial documentation provided by New World, 
we believe that reduction of  the forfeiture amount to $2,000  is 
appropriate.

                      IV.  ORDERING CLAUSES

     7.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the 
Rules,7 New  World Broadcasting  Company, Inc.  IS LIABLE  FOR  A 
MONETARY  FORFEITURE  in  the  amount  of  two  thousand  dollars 
($2,000) for violating  Sections 11.35(a) and  73.1400(a) of  the 
Rules. 

     8.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of  the Rules within 30 days of  the 
release of this Order.  If the forfeiture is not paid within  the 
period specified, the case may  be referred to the Department  of 
Justice for collection  pursuant to Section  504(a) of the  Act.8  
Payment shall be made by  mailing a check or similar  instrument, 
payable to the order of the "Federal Communications  Commission," 
to  the  Federal  Communications  Commission,  P.O.  Box   73482, 
Chicago, Illinois 60673-7482.  The payment should note  NAL/Acct. 
No. 200232620003, and FRN 006-3876-25.  Requests for full payment 
under an installment plan should  be sent to: Chief, Revenue  and 
Receivables  Group,  445  12th  Street,  S.W.,  Washington,  D.C. 
20554.9
     
     9.   IT IS FURTHER ORDERED that, a copy of this Order  shall 
be sent by Certified Mail  Return Receipt Requested to New  World 
Broadcasting Company,  Inc. at  P.O. Box  9, Parent  Street,  New 
Roads, Louisiana 70760 and to its counsel Bradford D. Carey, Esq. 
at Hardy, Carey, & Chautin, L.L.P., 110 Veterans Boulevard, Suite 
300, Metairie, Louisiana 70005.

                         FEDERAL COMMUNICATIONS COMMISSION
                    

                                                                  
                         David H. Solomon
                                                                 
Chief, Enforcement Bureau
           









_________________________

  1    47 C.F.R.  11.35(a) and 73.1400.

  2   Notice of Apparent Liability for Forfeiture, NAL/Acct.  No. 
20023262003 (Enf. Bur., New Orleans Office, released November 27, 
2001).



  3   47 U.S.C.  503(b).

  4   47 C.F.R.  1.80.

  5   47 U.S.C.  503(b)(2)(D).

  6    This requirement was also addressed in paragraph 6 of  the 
NAL. 

  7    47 C.F.R.  0.111, 0.311, 1.80(f)(4).

  8    47 U.S.C.  504(a).

  9    See 47 C.F.R.  1.1914.